Resurfacing Driveway and Constructing Sidewalk Curb Cuts

Landlord proposed making improvements to a complex consisting of four corner buildings with an internal courtyard and circular driveway. Landlord wanted to resurface the driveway with either paving stone or blacktop and construct sidewalk curb cuts at each of the four building entrances. Landlord asked the DHCR if this work would qualify as an MCI. In an opinion letter, the DHCR said no. This work would be considered ordinary maintenance and repair. But rebuilding the entire courtyard and walkways within the property line of the complex would qualify, and then the cost of resurfacing the driveway and adding the curb cuts could be included as part of the MCI.

DHCR Opin. Ltr. by Charles Goldstein (7/12/99) [2-pg. doc.]